UNION: Disputed Facts and Contentions …

1 union : Disputed Facts and Contentions Grievant: NALC. Grievance # 50-2007-SL10. Formal A meeting: 3-27-07. Completion of the 8190: 3-27-07. management violated Article 8 Section 5G of the National Agreement and pages 8-14 through 8-19 of the 2005 edition of the JCAM in this case. This grievance should not have to go to Step B. This issue has been resolved with many recent precedent setting Step B's (See enclosed). On Friday, February 9, 2007 eighteen NON-ODL Carriers were forced to carry overtime off their assignment on their regularly scheduled day.

2 The NON-ODL'S worked as follows; J. King has route 050036 and worked hours of overtime on route 050060, C. Munro has route 050025 and worked hours of overtime on route 050022, T. Shah has route 050053 and worked hours of overtime on route 050022, K. Schwinn has route 050021 and worked hours of overtime on route 050021, R. Weeramunda has route 050050 and worked hours of overtime on route 050059, R. Waters has route 050018 and worked hours of overtime on route 050017, D. Dunnevant has route 050004 and worked 90 units of overtime on route 050017, T-6 Carrier K.

3 Wang had route 050054. and worked hours of overtime on route 050040 (off swing), Gary Bodmer has route 050029 and worked hours of overtime on route 050031, V. Quach has route 050019 and worked hours of overtime on route 050026, S. Shook has route 050028 and worked hours of overtime on route 050026, R. Agboola had route 050009 (had an opt on T-6 assignment and worked off string) and worked hours of overtime on routes 050026 and 050017, R. Carroll has route 050024 and worked hours of overtime on route 050040, S. Patel has route 050053 and worked hours of overtime on route 050059, C.

4 Lyles has route 050038 and worked hours of overtime on route 050017, R. Burress has route 050006 and worked hours of overtime on route 050016, A. Braunstein has route 050007 and worked hours of overtime on route 050033 and T. Marsh has route 050020 and worked hours of overtime on route 050022. The ODL's had not worked 20 hours of overtime and did not work 12 hours on February 9, 2007. The ODL'S worked as follows on February 9, 2007; L. Kiang hours, S. Baik hours, S. Lemus hours, M. Soo hours, C. King hours, E. Valdez hours, Pejo hours, S.

5 Yang hours, Choi hours, Lignelli hours, Norris hours, Hsueh hours, Jackson hours, Deng hours, L. Brown hours, Moral hours, Baick hours, Shin hours, Watson hours, Powell hours, Moreno hours, Ward hours, Velasco hours, Escano hours, S. Xu hours and N. Kong hours. According to Step B decision 52-2003-MC32 dated 4-23-03. (enclosed) management must also maximize the usage of PTF's to 11. and 1/2 hours (12 clock hours) before forcing NON-ODL's to work mandatory overtime on their N/S day or overtime off their assignments. The following PTF's did not work 11 and 1/2 hours on February 9, 2007; Chan hours and Andrews hours.

6 This meant that there were available hours from the ODL's and available hours from the PTF's, totaling hours, who could have performed the hours of work the NON- ODL's were forced to work improperly. This is a crystal clear violation of Article 8 Section 5G and pages 8-14 through 8-19 of the JCAM. Article 8 Section 5G states: Full-time employees not on the "Overtime Desired" list may be required to work overtime only if all available employees on the "Overtime Desired" list HAVE. WORKED up to twelve hours in a day or sixty hours in a service week.

7 The JCAM page 8-14 states: Before requiring a non-ODL. carrier to work overtime on a non-scheduled day or off his/her own assignment, management must seek to use a carrier from the ODL, even if the ODL carrier would be working penalty overtime. The JCAM page 8-16 states: National Arbitrator Mittenthal ruled in H4N-NA-C-21, April 11, 1986 (C-5860) that an employee on the ODL does not have the option of accepting or refusing work over eight hours on a nonscheduled day, work over six days in a service week or overtime on more than four of the five scheduled days in a service week; instead an employee on the ODL must be required to work up to twelve hours in a day and sixty hours in a week before management may require employees not on the ODL to work overtime.

8 That language is clear and unambiguous. The 2005. edition of the JCAM is agreed to language by NALC Headquarters and management headquarters at L'Enfant Plaza. This language does not state that the above is contingent on management not invoking a Window of Operations. Had the parties intended that a Window of Operations would negate Article 8 Section 5G, they would have stated such. However, there is no mention of any Window of Operations whatsoever in the JCAM. Page 8-19 of the JCAM states: For purposes of overtime on a non-scheduled day or on other than their own assignment, carriers on the work assignment list are treated exactly the same as any other full-time carriers not on the overtime desired list.

9 Page 8-18 of the JCAM states: As a means of facilitating the foregoing, (Article 8 Section 5G) the parties agree that excluding December, once a full-time employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work. This language is clear and unambiguous. "Once a full-time employee reaches 20. hours of overtime", cannot possibly be interpreted to mean that management could plan to work ODL's 20 hours of overtime by the end of the week, and thus, avoid maxing the ODL's until they reach 20 hours of overtime within the week.

10 In a meeting July 8, 2003 between District Manager Tim Haney and other Capital District Labor Relations staff, and presidents of NALC branches within the Capital District along with NALC. Region 13 RAA Tim Dowdy, the following commitments were made by the District Manager; Tim Haney reinforced his expectation that the ODL carriers should be maximized, including using them to split up the routes of the non-scheduled non-ODLs to the extent possible. (Haney's written policy passed out near the end of the meeting reinforced this stated position.)